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Celestiam: Concerns about GAR21
Shamelessly gravedigging here, yet since I believe the the draft resolution "Establishment of a Judicial System" is still at its drafting stages it is not out of order to continue commenting on it. If it is out of order, do call me out for it. I have numbered my comments, not out of any sense of hierarchy, but simply for convenience when referring to them. Without further ado: 1 Absence of provision in the case of a Chief Justice's resignation. §28 Whereas §28 lays out the procedure when a Chief Justice "ceases to exist", the bill currently does not allow the General Assembly to conduct a special election if the Chief Justice resigns from office or is otherwise incapacitated in a way other than cessation to exist. Since resignation is not the only way the office could end up vacant (leaving the region hereby renouncing citizenship, ban or deposition following a lawful trial in which they would have recused themselves etc...), maybe the term "ceases to exist" should be replaced by a more general term to signify vacancy of the Office of the Chief Justice. 2 Unclarity as to the term duration of the Region's Attorney II.A.i It is generally understood that the term of a delegate expires when the delegant's power expires as well. The most flagrant example is that of Secretaries. Appointed by the Secretary General, their term ends when the Secretary Generals' ends, for their power derives from the Secretary General. Yet, it appears that in this proposal the Region's Attorney is appointed by the Department of Interior (not the Secretary). And whereas the Secretary has a fixed term and can lose power, this is not the case of the Department. If the Department's power is continuous, so is its delegate's, the Regional Attorney, who knows no end to their term. Why not, after all, i can concieve this may have been done in an intentional and actually smart move. However, there is no clause expliciting the removal of the Region's Attorney. It is not, to my knowledge, universally accepted that an appointer can dismiss an appointee. I derive this interpretation from the fact the Constitution finds the need to specify Secretaries serve at the Secretary-General's pleasure, who can dismiss them (cf §18, Constitution). As such, it is not obvious the Department of Interior can dismiss the Region's Attorney. This combination means that the Region's Attorney essentially serves a life term. If this is the intention of the author it is alright, but I do doubt it is. 3 Term length of the Public Attorney II.B same comment as above. Though here we could agree the Public Attorney's obligations would end upon closure of the trial proceedings, which doesn't seem to be explicited in the act. Unless there is intention to name people as permanent public attorneys of an individual, we ought to ensure that their tenure can come to end, either by agreeing the DoI can dismiss the attorney, or agreeing the attorney loses tenure when there is no more necessity for them to be. ---- September 9th, 2019 Source Category:Library of the Assembly